[2013] KEHC 3808 (KLR)

[2013] KEHC 3808 (KLR)

The court found that the omission of two properties from the certificate of grant did not constitute an error subject to rectification under Section 74 of the Law of Succession Act. Instead, the omission necessitated a review of the confirmation orders. The court noted that only three beneficiaries had executed the...

Source-derived case information.

Citation
[2013] KEHC 3808 (KLR)
Parties
Applicant: Administrators of the Estate of Jonathan Kilonzo Kiveke; Respondent: Beneficiaries of the Estate of Jonathan Kilonzo Kiveke
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 1770 of 1997
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Outcome
Application for rectification of grant declined; confirmation orders and certificate of confirmation of grant set aside; administrators to file fresh application for confirmation of grant including omitted assets.
Judges
DN Musyoka
Legal Topics
Succession, Rectification of Grant, Confirmation of Grant, Omitted Assets
Source Language
en
Family and Children Succession Rectification of Grant Confirmation of Grant Omitted Assets

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Summary, issues, holding and outcome

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Parties

Administrators of the Estate of Jonathan Kilonzo Kiveke

Applicant

Beneficiaries of the Estate of Jonathan Kilonzo Kiveke

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Rectification of Grant

Legal Issues

  1. 1 Whether the omission of two properties from the certificate of grant constitutes an error subject to rectification under Section 74 of the Law of Succession Act.
  2. 2 Whether the court should review or set aside the confirmation orders and certificate of grant to include the omitted assets.

Ratio Decidendi

The court found that the omission of two properties from the certificate of grant did not constitute an error subject to rectification under Section 74 of the Law of Succession Act. Instead, the omission necessitated a review of the confirmation orders. The court noted that only three beneficiaries had executed the consent to the proposed mode of distribution, casting doubt on the validity of the consent. Consequently, the court declined to review the confirmation orders but instead set aside the confirmation orders of 19th July 2011 and cancelled the certificate of confirmation of grant. The administrators were directed to file a fresh application for confirmation of grant, including the...

Court Disposition

Application for rectification of grant declined; confirmation orders and certificate of confirmation of grant set aside; administrators to file fresh application for confirmation of grant including omitted assets.

Orders

  • The confirmation orders of 19th July 2011 are set aside.
  • The certificate of confirmation of grant dated 19th July 2011 is cancelled.